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Representation and the Jury in Anglo-American Legal History
In Contract and Consent, the renowned legal historian J. R. Pole posits that legal history has become highly specialized, while mainstream political and social historians frequently ignore cases that figure prominently in the legal literature. Pole makes a start at remedying the situation with a series of essays that reintegrate legal with political and social history. A central theme of the essays is the link between Anglo-American common law and contract law and American political and constitutional principles. Pole also emphasizes the political functions of legal institutions in English and American history, going so far as to suggest that we need to divest ourselves of any notion of the separation of powers. Instead, we need to acknowledge the historical role of courts, juries, and the common law as agencies of political representation and as promulgators of law and policy.
Other essays show the implications of independence for American law, and how American political scientists converted the concept of sovereignty from its authoritarian claims in the eighteenth century into a product of the political process in the nineteenth and twentieth centuries. Although the American colonies made their own versions of the common law,there was no simple division between "English" and "American" law. But it was of fundamental importance that an entitled, landed aristocracy was never imported into or allowed to take root in America, with the result that American law was much simpler than its English counterpart, with the latter's accretion of esoteric language and procedures.
Having established the basis of Anglo-American legal history in contract and common law in part one, in the second half of the volume Pole explores various constitutional and legal themes, from bicameralism in Britain and America and the role of the Constitution in the making of American nationality to the performance of representative institutions in the century following the American Revolution.
Americans in Paris in the Age of Revolution
Adopting the unique perspectives of Americans in Paris--including Jefferson, Paine, and Gouverneur Morris--during the French Revolution, Ziesche challenges the conventional view of the American and French Revolutions as polar opposites, finding many points of similarity between the French and American nation-building projects.
Same-Sex Intimacy and the Literature of the Southern Plantation, 1936-1968
Finally breaking through heterosexual clichés of flirtatious belles and cavaliers, sinister black rapists and lusty "Jezebels," Cotton's Queer Relations exposes the queer dynamics embedded in myths of the southern plantation. Focusing on works by Ernest J. Gaines, William Faulkner, Tennessee Williams, Lillian Hellman, Katherine Anne Porter, Margaret Walker, William Styron, and Arna Bontemps, Michael P. Bibler shows how each one uses figures of same-sex intimacy to suggest a more progressive alternative to the pervasive inequalities tied historically and symbolically to the South's most iconic institution.
Essays on Transplantation, Adaptation, and Continuity
Set mostly within an expansive British imperial and transatlantic framework, this new selection of writings from the renowned historian Jack P. Greene draws on themes he has been developing throughout his distinguished career. In these essays Greene explores the efforts to impose Old World institutions, identities, and values upon the New World societies being created during the colonization process. He shows how transplanted Old World components—political, legal, and social—were adapted to meet the demands of new, economically viable, expansive cultural hearths. Greene argues that these transplantations and adaptations were of fundamental importance in the formation and evolution of the new American republic and the society it represented.
The scope of this work allows Greene to consider in depth numerous subjects, including the dynamics of colonization, the development and character of provincial identities, the relationship between new settler societies in America and the emerging British Empire, and the role of cultural power in social and political formation.
With the growth of printing in early modern Germany, crime quickly became a subject of wide public discourse. Sensational crime reports, often featuring multiple murders within families, proliferated as authors probed horrific events for religious meaning. Coinciding with heightened witch panics and economic crisis, the spike in crime fears revealed a continuum between fears of the occult and more mundane dangers.
In Crime and Culture in Early Modern Germany, Joy Wiltenburg explores the beginnings of crime sensationalism from the early sixteenth century into the seventeenth century and beyond. Comparing the depictions of crime in popular publications with those in archival records, legal discourse, and imaginative literature, Wiltenburg highlights key social anxieties and analyzes how crime texts worked to shape public perceptions and mentalities. Reports regularly featured familial destruction, flawed economic relations, and the apocalyptic thinking of Protestant clergy. Wiltenburg examines how such literature expressed and shaped cultural attitudes while at the same time reinforcing governmental authority. She also shows how the emotional inflections of crime stories influenced the growth of early modern public discourse, so often conceived in terms of rational exchange of ideas.
Slaves and Free Blacks in Georgia's Criminal Justice System
Criminal Injustice: Slaves and Free Blacks in Georgia’s Criminal Justice System is the most comprehensive study of the criminal justice system of a slave state to date. McNair traces the evolution of Georgia’s legal culture by examining its use of slave codes and slave patrols, as well as presenting data on crimes prosecuted, trial procedures and practices, conviction rates, the appellate process, and punishment.
Virginia from Secession to Commemoration
Crucible of the Civil War offers an illuminating portrait of the state’s wartime economic, political, and social institutions. Weighing in on contentious issues within established scholarship while also breaking ground in areas long neglected by scholars, the contributors examine such concerns as the war’s effect on slavery in the state, the wartime intersection of race and religion, and the development of Confederate social networks. They also shed light on topics long disputed by historians, such as Virginia’s decision to secede from the Union, the development of Confederate nationalism, and how Virginians chose to remember the war after its close.
Christian Text and Queer Narrative in the Fiction of José Lezama Lima and Reinaldo Arenas
The queer presence that animates and informs the fiction of José Lezama Lima and Reinaldo Arenas, two of the most prominent Cuban writers since the Revolution, nonetheless haunts their work by its absence. Eduardo González draws on the Christian concept of the Fall from grace and the possibility of redemption, on the work of selected Western canonical authors, and on several contemporary films to show how the chosen texts by the two writers both replicate and are enhanced by these sources and illustrate the interplay of word, image, and belief in the story line and moral tale that González develops.
In his new book, Michal Jan Rozbicki undertakes to bridge the gap between the political and the cultural histories of the American Revolution. Through a careful examination of liberty as both the ideological axis and the central metaphor of the age, he is able to offer a fresh model for interpreting the Revolution. By establishing systemic linkages between the histories of the free and the unfree, and between the factual and the symbolic, this framework points to a fundamental reassessment of the ways we think about the American Founding.
Lynching in Mississippi and South Carolina, 1881–1940
From the end of Reconstruction to the onset of the civil rights era, lynching was prevalent in developing and frontier regions that had a dynamic and fluid African American population. Focusing on Mississippi and South Carolina because of the high proportion of African Americans in each state during "the age of lynching," Terence Finnegan explains lynching as a consequence of the revolution in social relations—assertiveness, competition, and tension—that resulted from emancipation. A comprehensive study of lynching in Mississippi and South Carolina, A Deed So Accursed reveals the economic and social circumstances that spawned lynching and explores the interplay between extralegal violence and political and civil rights.
Finnegan's research shows that lynching rates depended on factors other than caste conflict and the interaction of race and southern notions of honor. Although lynching supported the ends of white supremacy, many mobs lynched more for private retaliation than for communal motives, which explains why mobs varied greatly in size, organization, behavior, and purpose.
The resistance of African Americans was vigorous and sustained and took on a variety of forms, but depending on the circumstances, black resistance could sometimes provoke rather than deter lynching. Ultimately, Finnegan shows how out of the tragedy of lynching came the triumph of the civil rights movement, which was built upon the organizational efforts of African American anti-lynching campaigns.